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Ordinance No. 1,053ORDINANCE NO. 1053 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 12, FIRE PREVEN- TION AND PROTECTION, BY AMENDING ARTICLE IV, FIRE LANE EASE- MENT, BY AMENDING SECTION 12 -47(a) THEREOF, AND THE ADDITION OF SECTION 12 -47.1 THERETO; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by amending Chapter 13, Fire Prevention and Protection, by amending Article IV, Fire Lane Easement, by amending Section 12 -47(a) thereof, which shall read as follows: Section 12- 47(a). All structures shall be located so as to be within three hundred (300') feet of a dedicated, acces- sible, and improved public street or within one hundred fifty (150') feet of a dedicated, accessible, and improved fire lane easement. No part of any building, under any circumstances, shall be located more than four hundred fifty (450') feet from a dedicated, accessible and improved public road. No dwel- ling unit of a residential building shall be located more than three hundred (300') feet from a functioning fire hydrant. and by the addition of Section 12 -47.1 thereto, which shall read as follows: Section 12 -47.1 Density Standards for Residential Development. Residential development designed for rental occupancy shall not exceed twenty (20) dwelling units per parcel acre except that the developer may count one -half the abutting permanent open space for density computations subject to approval by the Planning Com- mission. The determination of what constitutes "permanent open space" shall rest with the Planning Commission. Section 2: Repealing Clause: All ordinances or parts of ordi- nances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumu- lative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Savings Clause: If any provision, section, excep- tion, subsection, paragraph, sentence, clause or phrase of this ordinance 'gdph' or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance, are declared to be severable. Section 4: Effective Date: The provisions of Section 12-47(a) and Section 12-47.1 shall apply to developments which have not gotten preliminary Planning Commission approval as of the date of this ordinance. This ordinance shall take effect from and after its passage by the City Council. I rat City Council of the City of Baytown, on this 10th day -of December, 19,70. C. 4, GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: WILLIAM R. LAUGHLIN, City Attorney -2-